Most lawyers believe that the privilege against self-incrimination in proceedings where a witness is not on trial is completely encapsulated in section 13 of the Charter of Rights and Freedoms. I don’t believe this to be true. In this video blog, I explore a critical situation in which section 13 does NOT provide protection while section 5(2) of the CEA …
Exclusion of Evidence under the Charter – When is Evidence “Obtained in a Manner?”
In Canada, evidence can be excluded pursuant to a constitutional violation under section 24(2) of the Charter of Rights and Freedoms, but only where it was “obtained in a manner”. What does this term mean? It’s explained in this video.